Ex parte TSUCHIDA et al. - Page 5




               Appeal No. 96-2722                                                                                                      
               Application 08/281,168                                                                                                  









                                                              OPINION                                                                  

                       In reaching our conclusion on the issues raised in this appeal, we have carefully considered                    

               appellants’ specification and claims, the applied references, appellants’ admitted prior art, and the                   

               respective viewpoints of appellants and the examiner.  As a consequence of our review, we are in                        

               general agreement with the examiner (first Office action, pages 2 to 4) that the combination of the                     

               admitted prior art of at least Figures 10 and 12, Gray & Meyer, and Bennett would have fairly                           

               suggested the invention of claims 1 to 12 and 26 to 35 on appeal.  However, because we agree with                       

               appellant (Brief, page 14; Reply Brief, pages 6 to 7) that the applied prior art fails to teach or suggest              

               the recited inverter, we cannot sustain the rejection of claims 13 to 25 and 36 to 53 on appeal.  For the               

               reasons which follow, we will sustain the decision of the examiner rejecting claims 1 to 12 and 26 to 35                

               under 35 U.S.C. § 103, and we will reverse the decision of the examiner rejecting claims 13 to 25 and                   

               36 to 53 under 35 U.S.C. § 103.                                                                                         

               Rejection of Claims 1 to 12 and 26 to 35 Under 35 U.S.C. § 103:                                                         

                       Turning first to the rejection of claims 1 to 12 and 26 to 35 under § 103, we find that claims 1                

               to 12 and 26 to 35 on appeal would have been obvious to one of ordinary skill in the art at the time the                


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